CRIMINAL PROCEDURE CODE - VERTIC

1 CRIMINAL PROCEDURE CodeCAP. 75 LAWS OF KENYACRIMINAL PROCEDURE CODECHAPTER 75 Revised Edition 2012 [2010]Published by the National Council for Law Reportingwith the Authority of the [Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 3[Issue 1]CHAPTER 75 CRIMINAL PROCEDURE CODEARRANGEMENT OF SECTIONSPART I of offences under Penal code and under other II POWERS OF under Penal under other which High Court may which subordinate courts may of Judicial Service Commission to extend jurisdiction of subordinate of in cases of conviction of several offences at one III GENERAL PROVISIONSARREST, ESCAPE AND RETAKINGA rrest of place entered by person sought to be to break out of house, etc., for purposes of unnecessary of arrested to detain and search aircraft, vessels, vehicles and of searching to seize offensive without by police officer without 75 CRIMINAL PROCEDURE code [Rev.]

2 2012][Issue 1]C44 - of vagabonds, habitual robbers, when police officer deputes subordinate to arrest without to give name and of persons arrested by police by private of person arrested by private of persons arrested without to report committed in magistrate s by and of person of sections 22 and 23 to apply to arrests under section to magistrate or police OF OFFENCESS ecurity for Keeping the Peace and for Good for keeping the for good behaviour from persons disseminating seditious for good behaviour from suspected for good behaviour from habitual to be in case of person present in or warrant in case of person not so of order under section 47 to accompany summons or to dispense with personal as to truth of to give of person informed in all Cases Subsequent to Order to Furnish of period for which security is of to reject on

3 Failure of person to give to release persons imprisoned for failure to give of High Court to cancel of of restriction ACTION OF THE to prevent cognizable of design to commit such to prevent such of injury to public property.[Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 5[Issue 1]PART IV PROVISIONS RELATING TO ALL CRIMINAL INVESTIGATIONSPLACE OF authority of person to be sent to district where offence of accused person under of High and date of sessions of the High place of inquiry and at place where Act done or where consequence of offence where offence is connected with another where place of offence is committed on a Court to decide in cases of to be of of case where offence committed outside of cases between of part-heard of High Court to change BY REPUBLIC IN CRIMINAL of Director of Public Prosecutions to enter nolle of powers by Director of Public OF PUBLIC PROSECUTORSAND CONDUCT OF to appoint public of public from prosecution in trials before subordinate to conduct OF PROCEEDINGSM aking of and of summons or TO COMPEL THE APPEARANCE OF ACCUSED and

4 Contents of of when person summoned cannot be when service cannot be effected as before on servant of 75 CRIMINAL PROCEDURE code [Rev. 2012][Issue 1]C44 - on outside local limits of of service when serving officer not to dispense with personal attendance of of after issue of on disobedience of , contents and duration of may direct security to be , to whom may be directed to landholders, of warrant directed to police of substance of arrested to be brought before court without warrant may be of warrants for execution outside directed to police officer for execution outside on arrest of person outside in Provisions Regarding to take bond for for breach of of court to order prisoner to be brought before of this Part generally applicable to summonses and to issue search of search in charge of closed place to allow ingress and of property applicable to search AS TO in certain from instead of to order sufficient bail when that first taken is of of bound by recognizance absconding may be of from and revision of to direct levy of amount due on certain recognizances.

5 [Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 7[Issue 1]CHARGES AND to be specified in charge or information with necessary of counts in a charge or of two or more accused in one charge or for the framing of charges and informations.(a)Mode in which offences are to be charged.(b)Provisions as to statutory offences.(c)Description of property.(d)Description of persons.(e)Description of document.(f)General rule as to description.(g)Statement of intent.(h)Mode of charging previous convictions.(i)Use of figures and abbreviations.(j)Gross sum may be specified in certain cases of Agreement Agreement on behalf of the of plea with victim, of plea of plea agreement by of accused to make a plea of factual basis of by of plea of of of plea agreement under this CONVICTION OR convicted or acquitted not to be tried again for same may be tried again for separate supervening or not known at time of former original court was not competent to try subsequent of proof of previous BY FOREIGNERS WITHIN TERRITORIAL of Director of Public Prosecutions necessary before prosecution ATTENDANCE OF for for witness who disobeys 75 CRIMINAL PROCEDURE code [Rev.]

6 2012][Issue 1]C44 - for witness in first of dealing with witness arrested under of court to order prisoner to be brought up for for non-attendance of OF to summon witnesses, or examine person to be given on FOR THE EXAMINATION OF of commission for examination of may examine of magistrate to apply for issue of of of inquiry or FOR where person charged is only of IN CASE OF THE LUNACY OROTHER INCAPACITY OF AN ACCUSED by court as to soundness of mind of where person of unsound mind subsequently found capable of of proceedings or of lunacy adduced at when accused does not understand of delivering of of judgment, etc., to be given to accused on AND to award costs against accused or private of appeal from order as to and compensation to be specified in order, how of courts to award expenses or compensation out of of OF found on accused stolen.

7 [Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 9[Issue 1]CONVICTIONS FOR OFFENCES OTHER THAN THOSE offence proved is included in offence charged with any offence may be convicted of of certain offences respecting infant and unborn children, and abortion, of manslaughter in connexion with driving of motor of administering of of defilement of a girl under 14 years of of Burglary, of of obtaining by false of stock theft under the Penal of sections 179 to charged with misdemeanour not to be acquitted if felony proved, unless courtso of accused to be CRIMINAL and civil V MODE OF TAKING ANDRECORDING EVIDENCE IN TRIALS to be taken in presence of of recording evidence before of evidence to accused or his respecting demeanour of on evidence partly recorded by one magistrate and partly by as to taking down of VI PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTSPROVISIONS RELATING TO THE HEARINGAND DETERMINATION OF of complainant at of both of of parties after to be called upon to on plea of not 75 CRIMINAL PROCEDURE code [Rev.]

8 2012][Issue 1]C44 - of accused person when no case to in of between charge and evidence, and amendment of relative to proper sentence or up of conviction or of acquittal bar to further AND EXCEPTIONS RELATINGTO TRIALS BEFORE SUBORDINATE of time for summary trials in certain to higher court for VII [Repealed] VIII PROVISIONS RELATING TO THE COMMITAL OFACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURTCOMMITAL PROCEEDINGS BY SUBORDINATE [Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 11[Issue 1] IX PROCEDURE IN TRIALS BEFORE THE HIGH to for amendment of information, separate trial, and postponement of of in case of previous of plea of not guilty . of autrefois acquit and autrefois to generally and application of Part on plea of not guilty . to postpone or adjourn 75 CRIMINAL PROCEDURE code [Rev.

9 2012][Issue 1]C44 - FOR THE of case for of witnesses for of case for FOR THE witnesses for the in s accused adduces no OF of upon the in arrest of judgement.[Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 13[Issue 1] to reserve decision on question raised at to reserve questions arising in the course of the cured by for arriving at a proper IXA VICTIM IMPACT of victim impact statements may be received and impact statements requirements for victim impact of X SENTENCES AND THEIR EXECUTIONSSENTENCE OF to be informed of right to for and report to be sent to in case of sentence of for levy of fine, to of execution of sentence of imprisonment in default of for want of in lieu of in full after payment after may issue of imprisonment for non-payment of fine, IN ORDER OR and omissions in orders and XI APPEALSAPPEALS FROM SUBORDINATE to High appeal on plea of guilty, nor in petty of appeal against acquittal, order of refusal or order of of time of 75 CRIMINAL PROCEDURE code [Rev.

10 2012][Issue 1]C44 - of in rejection of allowance of of time and place of of High of the High Court to be certified to lower and stay of execution pending the entering of an to bail or suspension of sentence pending to take further of judges on an of of High Court to call for court may call for records of inferior of High Court on of court as to hearing of judges in Court order to be certified to lower FROM THE HIGH from High Court to Court of XII SUPPLEMENTARY PROVISIONSIRREGULAR in wrong or sentence when reversible by reason of error or omission in charge or not illegal for defect in irregularly under section 246.[Rev. 2012] CRIMINAL PROCEDURE CodeCAP. 75C44 - 15[Issue 1]INQUIRIES AS TO SUDDEN DEATHS AND MISSING PERSONSBELIEVED TO BE empowered to hold to inquire and report on suicide, by magistrate into cause of of Director of Public prosecutions as to inquiries into cause of IN THE NATURE OF HABEAS to issue directions of the nature of a habeas on forfeiture of before whom affidavits may be notes of to copies of of assessors, witnesses, SCHEDULE OFFENCES UNDER THE PENAL CODESECOND SCHEDULE FORMS OF STATING OFFENCES IN INFORMATIONSTHIRD SCHEDULE [SPENT]FOURTH SCHEDULE REPEALED(INDEX follows on P.)